Acórdão nº 9211045 de Court of Appeal of Porto (Portugal), 26 de Maio de 1993
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 26 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR COMUN. DIR ORDEN SOC.
Legislação Nacional: DL 264/86 DE 1986/09/03 ART1 N2 N3 ART2 ART3 ART5 ART44 ART45 ART80 ART90. DRGU22/87 DE 1987/03/19. L 10/90 DE 1990/03/17 ART23 N2. AD 37272 DE 1948/12/31 ART13 ART51 ART208 N1. DL 433/82 DE 1982/10/27 ART20 ART38 ART39.
Legislação Comunitária: DIR COM CEE 74/561 DE 1974/11/12. DIR COM CEE 74/562 DE 1974/11/12. DIR COM CEE 89/438 DE Sumário: I - Em regra, a existência jurídica das directivas comunitárias na ordem jurídica interna está condicionada à respectiva transposição, através de adequado instrumento previsto no direito interno, que o Estado destinatário é livre de escolher desde que se atinja o resultado que lhes está subjacente. II - Estando em causa a falta de licenciamento de um veículo de uma Agência de Viagens e Turismo para o transporte colectivo de passageiros, não se encontra na Directiva 74/562/CEE, alterada pela Directiva 89/438/CEE, a esse respeito, qualquer norma susceptível de aplicação directa ou que imponha aos Estados membros a obrigação de licenciarem como transportadores de passageiros tais Agências ou que permita aos veículos destas o transporte de passageiros em regime de aluguer. III - É o Decreto-Lei nº 264/86, de 3 de Setembro, complementado pelo Decreto Regulamentar nº...
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